Hi Janice.....not a lawyer but would love to be paid like one.

As far as I see this, it is still an email,  You still have the content or 
the message although some of the metadata will be gone.  I would suggest 
that  your organization could be looked upon as trying to circumvent the 
law and bypassing the discovery process.

John Annunziello, CRM, ermm
Manager, Records and Information 
Toronto and Region Conservation Authority
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"Information is a corporate, strategic asset that needs to be managed"




"Hulme, Janice M" <[log in to unmask]> 
Sent by: Records Management Program <[log in to unmask]>
05/26/2011 04:10 PM
Please respond to
Records Management Program <[log in to unmask]>


To
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Subject
Is it (still) an e-mail?






Hello, Everyone.  I am not new but should re-introduce myself as having 
been with the LIST for some years, read the messages daily and have very 
much appreciated the information that has been shared but, normally, I 
stay in the background as I am not all that confident with advising others 
on RM Issues.  When a rare occasion occurs that I actually do have 
information to share, I tend to send it directly to the requestor, off 
line.   I have searched the archives on the subject and can not locate 
anything specific to my quandary.  I am writing today to request input on 
or off line on the below potentially damaging business process.  Like so 
many others, we simply cannot save everything forever - have no e-mail 
classification software and no content management system.  I am hoping 
that, as always, someone can enlighten me to any possible legal damage 
that could result from going forward with this solution to the loss of 
important content.  Thank you so much, in advance, for any input

Scenario:
I have an e-mail message related to FRA content that must be retained for 
6 years.  (I only need the content of the message, not the metadata.) My 
organization has a documented policy which states that e-mails are deleted 
from the Outlook Exchange system at the age of 4 years.  Therefore, I move 
the message of importance to me (and the FRA) out of the Outlook system, 
and save as an .htm, .msg or .pdf file in my shared network drive. Then, a 
civil action arises under which all e-mails to or from Janice Hulme must 
be produced.  My organization produces only 4 years of e-mails and states 
that, by policy, no others exist.   Does this hold up in court?

Janice Hulme
Supervisor, Records Management Program
SEPTA Information Technology Department
1234 Market Street, 8th Floor
Philadelphia, PA 19107-3780
215-580-7916


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"*PLEASE CONSIDER THE ENVIRONMENT WHEN DECIDING TO PRINT THIS MESSAGE*



Toronto and Region Conservation Authority Confidentiality Notice:

The information contained in this communication including any attachments 
may be confidential, is intended only for use of the recipient(s) named 
above, and may be legally privileged. If the reader of the message is not 
the intended recipient, you are hereby notified that any dissemination, 
distribution,disclosure or copying of this communication is strictly 
prohibited. If you have received this communication in error, please 
resend this communication to the sender and delete it permanently from 
your computer system.

Thank you."



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